Análisis de la actividad #3 [tarea2]

§ 510 Simultaneous Interpreting in Government-Initiated Multiple-Defendant Cases § 510.10 Courts’ Responsibility to Provide Services

§ 510.20 Equipment Purchase

§ 510.30 Reimbursement for Use of Personal Equipment

§ 520 Simultaneous Interpreting in Multiple-Party Cases Not Initiated by the Government

§ 530 Mitigating Demands on Interpreters

§ 530.05 Use of Multiple Interpreters (Team Interpreting) § 530.10 Makeup of Interpreting Teams

§ 530.30 Proceedings Typically Warranting Multiple Interpreters § 530.40 Proceedings Not Typically Warranting Multiple Interpreters § 540 Telephone Interpreting Program (TIP)

§ 540.10 Purpose

§ 540.20 Proceedings Where TIP Is Appropriate

§ 540.30 TIP Interpretation for Spanish or Other Languages

§ 540.40 Court Responsibility for Interpreting Arrangements and Payment § 540.50 TIP Equipment Funding

§ 550 Documents in Languages Other than English § 550.10 English Language Requirement

§ 550.20 Translation of Documents Filed with the Court § 550.30 Translation of Documents Prepared by the Court

§ 510 Simultaneous Interpreting in Government-Initiated Multiple-Defendant Cases

§ 510.10 Courts’ Responsibility to Provide Services

Each court should provide for simultaneous interpreting services in multiple-defendant criminal actions and multiple-party civil actions initiated by the United States (28 U.S.C. § 1828(a)).

§ 510.20 Equipment Purchase

Each court is authorized to purchase equipment to be used in providing simultaneous interpretation services in multiple-defendant criminal cases and multiple-party civil cases initiated by the United States. Clerks’ offices are provided with funds for such

purchases in the aggregate allotment.

§ 510.30 Reimbursement for Use of Personal Equipment

There are no provisions or authorization to reimburse interpreters for use of an interpreter’s personal equipment.

§ 520 Simultaneous Interpreting in Multiple-Party Cases Not Initiated by the Government

In multiple-party civil cases not initiated by the United States, the clerk of court, with the approval of the presiding judge, may make the court’s simultaneous interpretation equipment available to interpreters hired by and paid for by the parties (28 U.S.C. § 1828(b)). Contract interpreters, even when using court-provided equipment, should be contracted and paid directly by the parties in these cases.

§ 530 Mitigating Demands on Interpreters

The mental and physical demands on interpreters in lengthy or multiple-defendant trials are a particular area of concern. To safeguard the integrity of interpreting services, and to ensure that the quality does not decrease due to interpreter fatigue, the presiding judge may:

(a) designate two or more interpreters to work as a team (recommended for trials or lengthy proceedings); or

(b) provide frequent breaks for an interpreter working alone. § 530.05 Use of Multiple Interpreters (Team Interpreting)

§ 530.10 Makeup of Interpreting Teams

Teams of interpreters may be comprised of a combination of staff interpreters,

individually contracted interpreters, interpreters contracted by an agency under a single contract, or interpreters contracted through more than one agency.

§ 530.30 Proceedings Typically Warranting Multiple Interpreters

Some examples of the type of lengthy proceedings for which multiple interpreters may be necessary include:

• trials and evidentiary hearings; • legal arguments on motions;

• sentencing hearings at which complex issues are argued; and • any other complex proceeding.

§ 530.40 Proceedings Not Typically Warranting Multiple Interpreters

Examples of events that can normally be covered by a single interpreter may include shorter assignments such as:

• initial appearances; • arraignments;

• pretrial services interviews; • status conferences;

• pleas;

• sentences; and

• other proceedings that are relatively simple and brief.

§ 540 Telephone Interpreting Program (TIP) § 540.10 Purpose

The Judicial Conference approved the judiciary’s Telephone Interpreting Program (TIP) in 1994 to provide simultaneous and consecutive interpreting for short proceedings (JCUS-MAR 94, pp. 16-17). TIP provides remote interpreting in situations where on-site court interpreters are not available or cost-effective.

§ 540.20 Proceedings Where TIP Is Appropriate

(a) Courts should consider the use of TIP for the following short proceedings when certified or qualified interpreters are not available locally, and it is not feasible to have interpreters travel from outside the area:

• pretrial hearings; • initial appearances; • arraignments; and

(b) Requests for telephone interpreting services may be made via the judiciary’s intranet, and provider courts will respond to the request. For information on equipment requirements and related telephone interpreting information, see: JNet’s TIP page.

(c) For more information on TIP and to schedule TIP services, see: JNet’s TIP page.

§ 540.30 TIP Interpretation for Spanish or Other Languages

(a) All TIP interpretation for Spanish is done by certified interpreters, usually court staff interpreters.

(b) Interpretation via TIP for other languages is done by contract interpreters known to the provider court (where the interpreter is physically located), and skilled in the use of the TIP equipment.

§ 540.40 Court Responsibility for Interpreting Arrangements and Payment

(a) The court providing the interpreter handles all the logistical arrangements, including negotiating terms, executing the contract, and paying the

invoice.

(b) The user court (where the hearing is located) only needs to make the request, initiate the telephone call at the time of the hearing, and report the event on the quarterly usage report.

§ 540.50 TIP Equipment Funding

The Administrative Office of the U.S. Courts (AO) will fund the purchase of equipment needed for provider courts or user courts to participate in TIP, subject to the availability of funding. For information on purchasing equipment, contact the Courtroom

Technology staff in the AO’s Facilities and Security Office at 202-502-1200.

§ 550 Documents in Languages Other than English § 550.10 English Language Requirement

(a) Except for the District of Puerto Rico (48 U.S.C. § 864), there is no federal statute requiring documents to be filed in English. Some courts have addressed the language requirements for the filing of documents through local rules.

(b) When an evidentiary document is submitted to the court in a language other than English, the presiding judge may issue an order to the party submitting the documents, requiring the documents to be filed in English. Translation of evidentiary documents is the responsibility of the party tendering the documents to the court.

§ 550.20 Translation of Documents Filed with the Court § 550.20.10 Finding Qualified Translators

(a) While it is generally expected that all documents filed with the court will be in English, occasionally there is a need to have documents translated into English. The Court Interpreters Act does not address written translation requirements, and the Federal Court Interpreter Certification Examination (FCICE) tests high-level interpreting skills in both English and Spanish but does not test for translation skills.

(b) Qualified translators can be located through the American Translators Association or any other organization that tests translation ability in the appropriate language combination, such as the Language Services Unit of the State Department or the Language Services Section of the Federal Bureau of Investigation.

§ 550.20.20 Rates for Document Translation

(a) When a court needs documents translated, the rates should be negotiated between the translator and the court. Payment can be:

• per word or per page translated; or • per hour of real time translation work.

(b) The current State Department rates for translation are available on the Interpreting Program page on JNet and may be used for reference in negotiating rates for translations required by the court. The daily interpreter fee rates do not apply to the translation of documents. § 550.20.30 Rates for Transcription of Recorded Materials

If required by the presiding judge, the transcription of recorded materials, which is documenting a spoken communication in a language primarily other than English, can be negotiated by the half-day, the full-day, or by the hour for the actual time spent on the task.

§ 550.20.40 Payment Responsibility for Translations and Transcriptions (a) Translations and transcriptions are not within the scope of the Court

Interpreters Act, and payment for such services may not be funded from the general authorization for contract court interpreting.

(b) Local funds should be used to award a contract for translation and transcription services.

§ 550.30 Translation of Documents Prepared by the Court

(a) In practice, English is the language used by the courts, and all official documents of the court should be written in English. The recipient of an official court document is responsible for translation to another language if necessary for that party’s understanding of the official document.

(b) A number of courts have responded to changing demographics and now make available (either on the courts’ websites or at the courthouses) unofficial forms and other information for individuals with limited English proficiency.